MISC: Tolliver-Martin-Logan Vendetta, Rowan Co, KY
Date: 20 June 1999
Submitted by: Louis M. Stewart (JCarter725@aol.com)


THE TOLLIVER-MARTIN-LOGAN VENDETTA BY CHARLES G. MUTZENBERG, R.F. FENNO & COMPANY, NEW YORK (1917)

Reprinted from Kentucky's Famous Feuds and Tragedies by Charles G. Mutzenber, 
1917, R.F. Fenno & Co., New York
 
The royal murder at Seravejo was the spark that set the world on fire. It would 
be silly, however, to place the blame of the world war upon it. To find the real 
causes of the appalling tragedy one must go further back. 
So it is with the great Rowan County war. There were many agencies at work that 
contributed, little by little, but none the less surely, to that state of 
anarchy which disgraced Rowan County and Kentucky during the eighties. The evil 
influences which initiated it were: Politics and Whiskey. A weak-kneed, yea, 
corrupt administration of justice permitted its continuation. The reign of 
terror which continued so long unhindered could have been crushed in its infancy 
with any sort of an honest, determined effort at law enforcement. 
A verse or two of Mulligan’s "in Kentucky" finds excellent application here: 
"The bluegrass waves the bluest In Kentucky; 
Yet, bluebloods are the fewest (?) In Kentucky; 
Moonshine is the clearest, By no means the dearest, 
And yet, it acts the queerest In Kentucky. 
"The dove-notes are the saddest, In Kentucky: 
The streams dance on the gladdest In Kentucky: 
Hip pockets are the thickest, Pistol hands the slickest, 
The cylinder turns quickest In Kentucky. 
"The song birds are the sweetest In Kentucky: 
The thoroughbreds are fleetest In Kentucky: 
Mountains tower proudest, Thunder peals the loudest, 
The landscape is the grandest, AND POLITICS - the damndest 
In Kentucky." 
In the long continued struggle which brought Rowan County into disrepute, many 
families of high reputation, men of wealth and influence, as well as men of 
reckless, undaunted, desperate character, were pitted against each other. 
Officers of the law, lawyers, judges and politicians of more than ordinary 
ability and reputation, quarreled, disputed and excited such unreasoning passion 
as to result in bloodshed. After that the dogged, stubborn determination of the 
different factions admitted of no other settlement of the controversy save by 
the arbitrament of arms, a war to the death. 
Patrick Henry cried out before the Virginia Convention: "Gentlemen may cry 
peace, peace, but there is no peace." In Rowan County, too, men cried 
continually for peace, yet there was to be no peace until anarchy had almost 
depopulated the county and its name had become synonymous with outlawry. The 
only alternative left was to leave the country or fight. Some did leave, most of 
them remained and fought, fought with - courage worthy of a better cause. 
The courts appeared powerless. The officers were themselves bitter partisans. 
The government of the State, when applied to for troops to assist in restoring 
order, sometimes refused aid, owing to a technicality in the law, and thus was 
precipitated the famous bloody battle at Morehead, in which many men were killed 
and wounded. 
It may be well to add that Rowan County was not a remote, inaccessible region 
where civilization had made but little progress, as was the case along the 
border of West Virginia and Kentucky, the scene of the Hatfield-McCoy war. Good 
roads and railroad communication had introduced to Rowan County even then a 
civilization which should have made the bloody conflict impossible; it certainly 
made it inexcusable. 
It is difficult to produce a fair picture of the political upheavals and 
complications which eventually led to and resulted in so much bloodshed without 
going be- hind the actual outbreak of the feud. While this necessitates the 
narration of incidents of purely local interest, and may, therefore, not grip 
the interest of outsiders, a patient reading of it will develop the fact that it 
is indispensable to a true understanding of the history of this war, and also 
that it teaches a moral. 
As early as 1874 political quarrels arose, engendering bitter hatred, between 
prominent, wealthy and influential men of Rowan and surrounding counties. At 
that time it was hoped and generally believed that the difficulties would be 
for- gotten as soon as the heat of the political contests had abated. But as the 
years passed factional division grew more and more pronounced. Citizens who had 
theretofore held aloof from the disputes, were gradually and surely drawn into 
the vortex of strife. As is usual and unavoidable under such circumstances, many 
desperate, degraded characters attached themselves to the various factions. 
These would commit deeds for pay, from the commission of which the more 
circumspect employers of them shrank in fear. In such wars the hired assassin 
always finds lucrative employment. He becomes the blind tool of the coward with 
the money, and the greater the compensation the more horrible his crimes. 
The innocent but direct cause of the political struggle to which we must refer, 
was the Honorable Thomas F. Hargis, who, in after years, rose to the highest 
judicial position in the state. His father, before him, served in the 
constitutional convention of the State in 1849 and was a very distinguished 
Kentuckian. 
When the great rebellion broke out, Kentucky soon began to suffer the distress 
and horrors of civil war. It at first declared its intention to remain neutral. 
Governor McGoffin refused to furnish troops to the Union army and attempted to 
enforce neutrality by maintaining a "Home Guard." This brought on many conflicts 
with the State Guards. It became at once apparent that the two bodies of troops 
were nothing more than partisans. The Home Guards often employed their military 
power and authority in harassing and mistreating actual or suspected 
sympathizers with the cause of the South. The State Guards, on the other hand, 
used their influence and made every exertion toward turning the tide of public 
sentiment in favor of the Confederacy. 
The sudden invasion of Kentucky by the federal troops was greeted with joy by 
the Home Guards, who made no attempt to repel it or so preserve the State’s 
neutrality for which purpose they had been organized. The larger portion of the 
Home Guards, in fact, at once joined the Union army. The State Guards disbanded 
and a majority of them joined the Confederates. The division of Kentucky was now 
complete.
In the general rush to opposing armies we find Thomas Hargis donning the grey 
and fighting for the "Lost Cause" as captain until the close of the war. 
Returning home, he studied law and was admitted to the bar. The date of this 
admission, an unimportant point it may seem, was nevertheless responsible for 
the internecine strife of after years. 
In the year 1874, Captain Hargis, who had already won prominence as a lawyer of 
ability and sagacity, was nominated by the Democratic party as its candidate for 
judge of the circuit court. Opposed to Hargis in this race was Geo. M. Thomas, 
afterwards United States District Attorney for the District of Kentucky. He was 
the nominee of the Republican party. The race was exceedingly hot and spirited 
from the beginning. The contest became bitter. It was charged by the friends of 
Thomas, among whom were not only the Republicans whose nominee and choice he 
was, but enemies of Hargis in the ranks of his own party, that he was not 
eligible to the office because he had not attained the requisite age, and that 
he was still further disqualified from holding the position of Circuit Judge 
because he had not been licensed as a lawyer for a sufficient number of years. 
These reports were industriously circulated against him. Appreciating the danger 
of such a rumor in a contest like this was, and knowing that only a prompt 
refutation and repudiation of the charges could prevent his signal and 
disastrous defeat, he hastened to obtain copies of the records of his age, and 
of the date of his admission to the bar from the records of the Clerk’s office. 
At the time of his candidacy Hargis was a resident of Carlisle, Nicholas County, 
but when admitted to the practice of the law had resided in Rowan County. So the 
records of his admission to the bar must be obtained there. He, therefore, went 
at once to Morehead and instituted an examination of the records, but to his 
consternation it revealed the astounding fact that the only record and evidence 
of his admission to the bar had been mutilated and destroyed; the pages 
containing them had been cut out from the books. Added to this was the unwelcome 
discovery that the family Bible had also been mutilated in so far as it 
contained the record of his age. The charges of ineligibility had been widely 
circulated and published in the newspapers and Hargis’ inability to refute them 
for lack of record evidence now gave them the stamp and color of truth. The 
Republicans, and the personal enemies of Hargis among the Democrats, were 
jubilant, while his friends flatly and broadly accused Thomas’ friends and 
supporters of the crime of stealing and destroying public records. This further 
increased the already bitter feeling. The friends of Thomas now charged that if 
any such records had ever existed Hargis himself had stolen and destroyed them. 
The result of it all was that Hargis was defeated by his Republican opponent, 
and this in a district theretofore always safely Democratic. The close of the 
contest brought out another truth no longer to be denied or over- looked. Every 
circumstance and condition existing after the election pointed clearly to the 
fact that something more than factional, political animosity, common in all 
hotly contested races for position, had been awakened and that in the hearts of 
many, malice had taken deep root. Each succeeding election only augmented the 
bitter feeling. Desire for revenge, and, what at first seemed but political 
excitement and zeal for the favored candidate, now caused friends of old to 
cancel their friendship and the most prominent leaders of the opposing factions 
regarded each other no longer as merely political, but as personal enemies. 
In the year 1876 the Legislature of Kentucky created a Circuit Court for Common- 
wealth proceedings alone, the new district being composed of the same counties 
as the old. Hargis again announced himself a candidate for judge of the newly- 
organized court. This time he was elected with an easy majority. He continued in 
this office, which he filled with signal ability, until in the spring of 1879, 
when an event took place which opened to him the road to still higher honors, 
and also still further fanned the flame of political and personal strife. 
The event referred to was the vacancy created on the bench of the Court of 
Appeals as the result of a tragedy enacted upon the streets of the state, at 
Frankfort, - the assassination of Appellate Judge J.M. Elliott, by one Thomas 
Buford. The tragic death of this able jurist horrified all Kentucky. 
His slayer pleaded insanity. The trial jury on first ballot stood six for 
conviction and six for acquittal on the ground of insanity. Finally, the verdict 
of the whole jury declared him insane. He was transferred to the Asylum at 
Anchorage where he remained but a short time. He escaped to Indiana where he 
remained because our requisition laws were then not sufficient to enforce his 
return to Kentucky. 
Immediately after the death of Justice Elliott an election was ordered for his 
successor and Judge Hargis again became a candidate before the Democratic 
convention. A number of able and distinguished jurists opposed him before that 
body, many of these much older and experienced than he. In spite of the powerful 
opposition brought to bear against him, Judge Hargis again succeeded in 
obtaining the nomination, another proof of his political influence as well as of 
his talents as a lawyer and politician. 
This last and most important success of Hargis aroused anew the malign hatred 
and envy of his numerous enemies in the camps of his own party. The old charges 
were renewed, remodeled, rehashed, renovated and added to, as the occasion 
demanded. The story of his willful, felonious destruction and mutilation of 
court records was republished and more extensively circulated than ever. 
Newspapers, circulars, hand-bills and letters telling the story were scattered 
throughout the district, posted up at all public places, on fences and trees 
along the highways, thus in- creasing factional enmity to a dangerous intensity. 

Opposed to him in this race was Judge Holt, a Republican politician and lawyer 
of prominence, and of unassailable purity of character. 
The contest between these men was waged with spirit with the result that the 
mantle of Judge Elliott fell upon Judge Hargis. During the canvass Judge Hargis, 
through the Courier Journal and other newspapers, had denounced the person over 
whose signatures a number of scandalous accusations and derogatory charges had 
been made, as liars, calumniators and villains. 
Thomas M. Green, editor of the Maysville Eagle, also correspondent of the 
Cincinnati Commercial Gazette, had been persistent in industriously keeping the 
disparaging accusations against Hargis in the columns of the Republican press of 
the country. Editor Green was, in consequence, singled out by Hargis in his card 
to the Courier Journal as the chief offender, assailing him in most bitter 
terms. Green applied to the law for redress and instituted suit for libel in the 
Jefferson Circuit Court at Louisville, asking for a large sum in damages. 
Early in the spring of 1880 the case came on for trial. Hargis waived all 
questions of jurisdiction which it had been expected he would use as a defense. 
He somewhat 
staggered his enemies by admitting responsibility for the article upon which the 
suit was based, and declaring his ability to prove the charges made against 
Green as true. The trial lasted for many months. It was minutely reported in the 
press of the country and read everywhere. Even now the angel of good fortune did 
not desert Judge Hargis. He won the case. 
During this period, the controversy between Green and Hargis had very sharply 
aligned the friends and enemies of Rowan County. So complete was the breach that 
the thoughtful ones looked forward to open, actual hostilities. Hope of 
compromise disappeared as time passed. 
A storm so long brewing is apt to accumulate extraordinary force. A fury long 
pent up will break loose with greater fierceness. The strife had penetrated 
every neighborhood, almost every household. Any public occasion, especially the 
biennial election, was looked forward to with dread. Minor politican contests, 
waged in these elections, served to open old sores and to inflict new wounds, 
adding material for the spirit of revenge to feed upon. 
At that time the Australian ballot system had not yet been introduced. The viva 
voce system was in vogue, and bribery in elections was, therefore, much more 
common than it is now. Candidates practically bought their offices. The voter 
cast his vote publicly; it was recorded publicly, and cried out publicly. In 
this wise the buyer of the vote controlled the seller, and, very often, vote 
sellers were driven en masse to the polls Me so many sheep, a cause of 
innumerable election fights. 
Another successful instigator of trouble on election day was the free and 
promiscuous use of liquor with which candidates treated and influenced the 
voters. Election contests frequently excite the most staid and conservative 
citizens, but when whiskey is added it is certain to arouse passions which 
might, otherwise, have slumbered on. 
Such were conditions in Rowan County on the day of election, August, 1884. 
A hot political race was on between one S.B. Goodan, the Democratic nominee for 
sheriff of the county, and W.C. Humphrey, commonly known as Cook Humphrey, the 
Republican nominee. The county being almost equally divided politically, the 
contest was close. Each of the candidates was wealthy, influential and 
extensively related. Money was used without stint, barrooms were thrown wide 
open at More- head, the county seat, and principal town of the county, as well 
as at most other precincts in the county. 
The town was crowded with excited, angry, drunken men and all through the day 
there were fist fights and brawls. During one of these, the prelude to the 
conflict which afterward attracted the attention of the American press, John 
Martin, son of Ben Martin, a wealthy farmer, was struck down and seriously 
injured. He immediately sprang to his feet, drew his pistol and a general pistol 
battle followed. When the smoke had cleared away, Solomon Bradley was found 
dead, Adam Sizemore severely wounded. 
The death of Bradley, a good citizen, who had taken no part in the fighting, and 
the wounding of Sizemore and Martin proved of fatal consequences. Bradley was 
one of the most influential Republicans of the county. He and John Martin were 
members of the best families and extensively related even in adjoining counties. 
The Martins were known to be ambitious and brave men. It appeared that Martin 
received his wounds at the hands of Floyd Tolliver, a brother of Craig Tolliver, 
who afterwards attained such unenviable notoriety and bore the distinction of 
being one of the most cruel, bloodthirsty desperadoes Kentucky ever had the 
misfortune to own as her son, and whose tragic death on the memorable battle at 
Morehead some years later was heralded throughout the country. 
John C. Day, the then acting Sheriff of Rowan County, was charged with the 
shooting and wounding of Sizemore. 
The first blood had now been spilt; more was bound to follow. Even the most 
hopeful became convinced that a long and bloody conflict could no longer be 
averted. Those best acquainted with the state of affairs knew, and rightly 
predicted, that the law would not be invoked to settle the trouble and punish 
the offenders. "A life for a life" was the motto that henceforth governed the 
factions, now arrayed against each other in open, desperate warfare. 
The wounding of Martin by Floyd Tolliver placed the latter and his friends and 
relatives in a dangerous position. They knew the Martins would not pass lightly 
over the matter. Their numbers and influence made them dangerous adversaries. 
Floyd Tolliver lived at Farmers, a small village on the Licking River, a station 
of the Chesapeake & Ohio Railway, which traverses the county and passes through 
Morehead. The Tollivers also were a large family. Floyd, believing himself in 
danger, now turned to his relatives and friends for assistance. They responded 
promptly, armed and organized. The Martins, the Sizemores and the Days did 
likewise, thus dividing the county into four factions, composed of determined, 
courageous and desperate men. 
During the Circuit Court following the murder of Bradley the grand jury returned 
indictments against John Martin, Floyd Tolliver and Sheriff John C. Day for 
malicious shooting and wounding and murder. Bail was granted, bonds were readily 
executed and the cases continued until the next term of court. 
In December following the fight of August, 1884, Floyd Tolliver and John Martin, 
who had recovered from his wounds, came for the first time face to face outside 
of the court room and when not in custody of the officers, since their fight. 
They met in a barroom, a place never suitable for enemies to meet. Had both men 
been duly sober trouble might have been averted. But, flushed with liquor, the 
old grudge soon got in its work, a dispute arose, their hands reached for their 
pistols, the shining weapons flashed for a moment, then belched forth fire and 
flame - a cry, the dull thud of a falling body - Floyd Tolliver lay prostrate 
upon the floor - dead. 
Martin was immediately arrested and conveyed to the county jail. To his friends 
the killing was a shock. They were fully convinced that Craig Tolliver and the 
other brothers of Floyd Tolliver would seek summary vengeance. G.rave fears were 
entertained for the safety of John Martin in the old jail. Rumors of the 
organization of a large Tolliver mob increased anxiety and apprehension with 
each fleeting hour. But, as much as the Tollivers were feared, and the more they 
threatened, Martin’s friends bravely prepared to protect him at all hazards. 
Thus the aggressiveness of the Tollivers was counteracted by the bold defiance 
of the Martins. 
The County Attorney, Mr. Young, was one of the ablest and most fearless 
Commonwealth lawyers in Kentucky. By his enemies, and they were numerous, he was 
regarded as wholly unscrupulous. They refused to credit him with even one pure 
thought, or action, emanating from a noble impulse. But unbiased investigation 
of the facts of this matter clearly shows that Mr. Young did his duty in this 
particular. He was perfectly acquainted with the character of the men arrayed 
against Martin, and was not the man to be deluded by their repeated declarations 
that the law would be permitted to take its course. At the risk of antagonizing 
the Tolliver faction against himself Mr. Young promptly directed the removal of 
John Martin to the Clark County jail at Winchester for safekeeping. County Judge 
Stewart saw the wisdom of it and issued the order for the removal, which was 
accomplished without mishap. 
As soon as it became known that their intended victim had escaped them, the 
Tollivers, furious and raging, gathered in large force, spreading terror 
wherever they appeared. "We can wait -" they said. "there is another day coming. 
John Martin must be brought back to Morehead for trial and then – just wait."
December 10, 1884, was the day set for the examining trial before County Judge 
Stewart at Morehead. Before that day arrived, the unusual activity of the 
Tollivers, the ominous collection of all the members and friends of that family, 
the frequent but secret meetings, had been quietly, but nevertheless keenly 
observed by Judge Stewart. He was convinced that if Martin were brought back to 
Rowan County at this time of ferment and excitement he would suffer a violent 
death at the hands of his enemies, and that any attempt on thc- part of the 
officers and friends of the prisoner would precipitate a conflict, the magnitude 
of which could not be foretold.
In this opinion Judge Stewart was sustained by Attorney Young. After a careful 
investigation of the state of affairs the court decided on an indefinite 
postponement of the trial. The order to the jailer of Clark County, directing 
him to deliver Martin to officers of Rowan County, was suspended on the 9th day 
of December, but unfortunately (fateful neglect!) the order of suspension was 
not communicated to the Clark County jailer. The wife of John Martin had been 
advised of the postponement of the trial. The faithful woman who had already 
suffered untold anxiety and fear for the safety of her husband, felt relieved 
and hastened to Winchester to inform him of the action of the Court of Rowan 
County. 
As soon as the Tollivers were informed that the trial would not take place, and 
that, therefore, Martin would remain at Winchester for an indefinite time, they 
convened in a council of war to discuss plans of campaign. 
A raid upon the Winchester jail was suggested, but the leaders, though desperate 
and brave enough to have attempted and dared anything, did not believe that such 
an undertaking would meet with success. They advised strategy instead of force. 
On the 9th of December, on the same day that Judge Stewart canceled the order 
for delivery of the prisoner by the jailer of Clark County, an order was 
delivered into the hands of A.M. Bowling, town marshal at Farmers, directing him 
to demand Martin from the jailer at Winchester and to convey him to the county 
jail at Morehead. the order also directed the jailer of Clark County to 
surrender Martin into the custody of Bowling. The plot was shrewdly planned. The 
order, forged, of course, would open the doors of the Winchester jail without 
difficulty, and the prisoner must, therefore, become an easy victim on his way 
to Rowan County. 
Bowling, a Tolliver clansman, engaged four other members of it to accompany him 
to Winchester, - Hall, Eastman, Milt and Ed Evans. Four men to convey a 
handcuffed prisoner! It was deemed best to send a sufficient number to prevent 
outsiders from interfering in the final act of the inhuman drama staged by Craig 
Tolliver and his henchmen. 
On arriving at the jail at Winchester, Bowling presented his order, which was 
signed (?) by two Justices of the Peace of Rowan County and which directed the 
delivery of Martin to Bowling. The order was carefully drawn in the usual form, 
and had every appearance of genuineness. A few minutes after John Martin’s wife 
had bidden her husband good-bye at the Winchester jail, Bowling presented his 
order for the delivery of Martin. 
While the wife was at the station awaiting the arrival of the train which was to 
carry her homeward, little dreaming that she had clasped the hand of her husband 
warm with life for the last time, the prisoner was aroused by his keeper and 
told to prepare for his removal to Morehead. Martin at once became suspicious. 
He remonstrated against the transfer, but the jailer produced the order. The 
prisoner pleaded long and earnestly. He explained to the official that he had 
received definite information through his wife that on account of the danger 
that awaited him at Morehead the county authorities of Rowan County had 
indefinitely postponed his removal. He insisted that Bowling and his companions 
were his deadly enemies; that every surrounding circumstance pointed to 
treachery, and that his delivery into the hands of Bowling meant nothing more 
nor less than assassination. 
The jailer turned a deaf ear to his entreaties. He argued that a refusal to 
comply with the imperative order of the Rowan County Judge would involve him in 
trouble. He had no right to believe the order forged. It bore the stamp of 
genuineness. It seems to us, however, that a more circumspect officer, informed 
of the conditions and circumstances surrounding the prisoner, acquainted with 
the dangerous state of affairs in Rowan County as the result of which Martin had 
been removed to Winchester, would have held the prisoner until he could have 
communicated with the authorities at Morehead. Disobedience to the court’s 
orders, intended for the protection of a helpless prisoner, could not have been 
subject to censure, especially when the forgery of the order was later on 
established. He might easily have verified the genuineness of the paper by 
telegraph. Blind obedience often works injury. Threatening disasters through 
blunders of commanding officers have often been averted by the disobedience of 
inferior officers, who preferred facing Court martial rather than become a party 
to useless slaughter and defeat. 
John Martin was delivered to Bowling and his companions. Securely shackled, he 
was marched to the train. Doubtless he suffered the same mental agony as does 
the man on the way to the scaffold. It was pathetic chance that Mrs. Martin 
boarded the same train. She entered another coach, entirely ignorant of her 
husband’s presence in the next one. 
While this occurred at Winchester, Craig Tolliver and his band had already 
assembled at Farmers, ready to play their part in the cowardly deed. Armed to 
the teeth, they were posted at and near the railway station, impatiently 
awaiting the arrival of the train. The night was dark and disagreeable, 
perfectly suited for a hold-up. 
Presently the flash of light pierces the gloom, the shriek of the engine whistle 
echoes mournfully through the night. The train bearing John Martin thunders 
toward the station. The airbrakes wheeze, the train slows up; the conductor 
cries "All out for Farm-" He does not finish the call of the station. A pistol 
is thrust into his face. Armed men board the engine and cover the engineer and 
fireman. Others enter the coach in which Martin is sitting, handcuffed, utterly 
helpless, surrounded by Bowling and his confederates. 
Martin sees the men enter and instinctively realizes that his end has come. He 
attempts to rise to his feet. Instantly shots are fired. Martin sinks back upon 
his seat, lifeless, his "protectors" calmly witnessing the murder. 
Martin’s wife, in another coach, had up to this time believed her husband secure 
in his cell at Winchester. But the moment she heard the shots, unaccountable, 
undeniable dread seized her. Instinctively she rushed to the scene of the 
tragedy and found her suspicions realized. There lay the blood-covered body of 
her husband, literally torn to pieces and perforated with leaden messengers of 
death. All that the faithful, grief-stricken wife could do was to order the 
remains taken on to Morehead. Martin was buried amid a large concourse of 
sorrowing friends and relatives. The solemnity of the occasion accorded ill with 
the many suppressed, yet nonetheless ominous threats of terrible and swift 
punishment of the murderers. 
The news of the cowardly assassination spread like wildfire over the county. The 
war had begun in earnest. From the day John Martin’s body was consigned to the 
grave, the angel of peace departed from Rowan County. For more than three years 
a reign of terror was to sweep over it with all its attendant horrors, cutting a 
wide path of desolation and misery. Deeds of violence now occurred at frequent 
intervals. All manner of crime went unpunished by the law. The whole machinery 
of the law was rotten, the officers of the courts being themselves partisans, in 
some instances very active as such. 
Mr. Young, the county attorney, was the first to feel the wrath of the Martin 
faction. While riding along the road on Christi Creek he was shot from ambush 
and painfully, but not fatally, wounded. The perpetrators of this deed were not 
definitely known, but Young’s friends claimed to have certain information that 
the men who attempted his assassination had acted under instructions from the 
Martin faction, which had openly accused Young of playing into the hands of the 
Tollivers, and had even gone so far as to allege that he had with them connived 
in the murder of John Martin. 
Whether he was or was not a Tolliver sympathizer, another murder committed soon 
afterwards was laid at the door of the Tollivers, to avenge, it was charged, the 
wounding of Mr. Young. Under the circumstances this gentleman determined to and 
did remove from the county where his life was evidently no longer safe. He 
located in an adjoining county. At the succeeding election his son was elected 
to the office his father had vacated. 
The murder above referred to was that of Stewart Baumgartner. Cook Humphrey, the 
Republican Sheriff, had appointed him a deputy. On the 17th day of March, 1885, 
Baumgartner rode along Christi Creek, when, almost at the identical spot where 
Mr. Young had been fired upon, he was shot and instantly killed - from ambush. 
No one was ever indicted for that killing, but it was generally believed, 
charged and never, denied that Craig Tolliver’s subordinates were the murderers. 

Shortly after the death of Baumgartner, and during the month of April, 1885, 
Cook Humphrey and a stranger, afterwards ascertained to have been Ed. Pierce of 
Greenup County, Ky., appeared on the streets of Morehead, heavily armed and 
followed by a number of Martin sympathizers. This act of defiance called forth 
bitter denunciation from the Tollivers and their friends, among whom was ex- 
Sheriff Day and Jeff Bowling, men of reckless courage. The leaders of the 
opposing factions assembled every available man, and provided them with arms. 
The most determined preparations were made to fight out their differences on the 
streets of Morehead. Humphrey’s headquarters were at the Carey House, a hotel 
owned and operated by James Carey, an ex-captain of the Union army and a very 
influential citizen. The Tollivers occupied the Cottage Hotel near the 
Chesapeake & Ohio Rail- way depot, then owned by Dr. R.L. Rains. As quickly as 
possible a message was forwarded to Craig Tolliver, absent from Morehead at the 
time. He came, accompanied by a number of Tollivers from Elliott County. The 
battle opened fast and furious. A continuous fire from many guns kept the 
citizens of the town in terror for many hours. The balls whizzed through every 
portion of the ill-fated village. Storehouses and dwellings were riddled. None 
dared to enter the streets, or expose his body for an instant. 
The Carey House apparently bore the brunt of the firing. Hundreds of balls 
struck and shattered the slight frame structure. The Tollivers, beside superior 
numbers, had the advantage of position. Their marksmanship was better, too. 
Humphrey and his clan soon realized that a charge upon their position would mean 
their annihilation. So at an opportune moment the Carey House was abandoned and 
the Tollivers remained in undisputed control. 
In spite of the long continued, heavy firing, an unremitting fusillade of many 
hours’ duration, there were no casualties. The battle, however, exercised such a 
terrifying influence over the peaceable citizens of the town that all that could 
left. 
Morehead, in fact the county, was now in a state of anarchy. The matter was re- 
ported to the Governor, who immediately ordered General John B. Castleman, then 
Adjutant General of Kentucky, to Morehead to investigate conditions there and to 
discover the causes of this shameful lawlessness. General Castleman, in company 
with others, went to Morehead and interviewed the adherents of the different 
factions and leading citizens of the county. This commission, on completing its 
mission, reported its findings to the Governor. The result was that the leading 
spirits in the feud were summoned to Louisville, Ky., where a compromise was 
patched up between the belligerents. Both sides pledged themselves to return 
home, to lay down their arms and to cease to molest each other. This proceeding 
brought into prominence H.M. Logan, Judge James Carey and Cook Humphrey as 
adherents of the Martin faction and Craig Tolliver, Dr. Jerry Wilson and others 
as the Tolliver faction leaders. 
The agreement entered into at Louisville, intended to restore peace, effected 
the opposite result. It prevented prosecution of either side for the Morehead 
riot. The leniency extended by the authorities merely emboldened and encouraged 
the warring parties - the truce was violated by both sides within a short time 
after it had been agreed to. 
The factions charged each other with insincerity, of secretly maintaining armed 
bands and preparing for renewed hostilities. Within a few weeks after the 
compromise at Louisville, conditions in Rowan were as bad as ever, nay - worse. 
As we have stated, the shooting of Young, the County Attorney, had been charged 
to the Martin faction. In retaliation for this crime the Tollivers had murdered 
Sheriff Humphrey’s deputy, Baumgartner. Subsequent developments then seemed to 
directly implicate Cook Humphrey in the shooting of Young, and this led to a 
renewal of active hostilities. It appears that immediately after the treaty at 
Louisville, Ed. Pierce, the man who had so mysteriously appeared on the streets 
of Morehead in company with Cook Humphrey on the day of the riot, was arrested 
in Greenup County and taken to Bath County for trial on a charge of robbery. A 
jury found him guilty. He was sentenced to the penitentiary for a long term. 
While con- fined in jail previous to his trial, he admitted his participation in 
the shooting of Mr. Young, implicating also Ben Rayborn of Carter County, a man 
but little known in Rowan County. In his confession Pierce claimed to have been 
employed to kill Mr. Young by the sisters and family of John Martin, and that 
Sheriff Humphrey and Baumgartner, his deputy, had aided and assisted in 
arranging the details of the plot. 
Humphrey and the Martins indignantly denied every word of Pierce’s confession, 
and asserted that he had been bribed by Mr. Young to make it for the purpose of 
destroying the prestige of the Martin family in the county, and to furnish the 
excuse for further outrages. 
Humphrey and the Martin family were now put under constant surveillance by the 
Tollivers. The Martin homestead, situated about one mile from Morehead, be- came 
an object of special vigilance. Finally, on the evening of the 27th day of July, 
1885, the Tolliver spies reported to their leader at Morehead that two men had 
been seen around the Martin home. Instantly everything was in commotion at the 
Tolliver headquarters. Craig Tolliver, Jeff Bowling, T.A. Day and others, all 
sworn enemies of the Martins, surrounded the homestead in the dark of night and 
remained on watch until morning. 
Shortly after daylight a stranger, afterwards recognized as Ben Rayborn, in 
company of Sue Martin, a young woman of much native sense and energy, emerged 
from the house and "robbed" a beehive in the yard without having discovered the 
enemy. Rayborn was heavily armed. His presence convinced the Tollivers that Cook 
Humphrey was in the house; they now determined upon open attack. But to avoid 
possible failure of the plot it was deemed necessary to increase the force. A 
messenger was hurriedly dispatched to Morehead. 
A short time afterwards the Tollivers had assembled a force of twenty-five or 
thirty men, among whom were many of the most violent men of Rowan County. 
At nine o’clock Craig Tolliver had stationed this force at every point of 
vantage. Then he and Bowling appeared at the front door with Winchester rifles 
gleaming in the sunlight. For the first time the inmates of the house seemed 
aware of the presence of the enemy. There was apparently no chance of escape. 
Every door was securely guarded. Tolliver was met at the door by the brave 
Martin girls who demanded an explanation for the intrusion. Tolliver demanded 
the surrender of Cook Humphrey and any other man or men that might be with him. 
The girls stoutly denied the presence of any one save the members of the family. 
Tolliver knew this to be false. With his own eyes he had seen Rayborn that 
morning. He charged the girls with duplicity and forced his way into the house. 
No one was found on the first floor. Then they attempted search of the upper 
story. At the stairway a shotgun suddenly belched forth fire and flame into the 
faces of the Tollivers. Craig’s face and part of his body was filled with shot, 
the gun stock shivered to pieces in his hand. He sank upon the steps and rolled 
helplessly at the feet of his companions. Bowling miraculously escaped unhurt. 
Craig Tolliver was immediately placed upon a horse and sent to Morehead for 
repairs. The others, not daring to force the stairway, went outside and 
contented themselves with firing through the doors and windows. The fusillade 
continued incessantly for a long time. Black smoke hung like a cloud over the 
premises. If the Tollivers hoped to force the surrender of Humphrey and his 
companion by mere intimidation, they soon saw their mistake. These two men were 
brave to the core. Besides, they preferred to die fighting rather to being 
mercilessly butchered as helpless prisoners. They remembered the fate of John 
Martin. 
Finally Humphrey managed to make himself heard through the din and crash of 
battle. He informed his assailants that he was there in the house and that by 
virtue of his office as sheriff of the county none but the coroner had the legal 
right to arrest him. The Tollivers sneered at this speech. They had not come to 
uphold the law; they had succeeded in trapping the enemy, and meant to use the 
advantage they had gained. Hours thus passed. All day the guns roared into and 
from the house. 
The sun was sinking rapidly toward the western horizon; the shades of evening 
grew longer. As long as daylight lasted the assailants had kept covered and 
protected, held at bay by the brave defenders. But in the dark of night, the end 
must come. They could not prevent a simultaneous attack from the entire force of 
the assailants. Surrounded on every side, escape seemed well-nigh impossible. 
Yet Humphrey essayed to make a sortie with his companion, hoping thereby to draw 
the fire of the enemy upon themselves and to thus at least relieve the women in 
the house of further danger of death which had threatened them every moment 
throughout that long day. It was a desperate undertaking, with ninety-nine 
chances in a hundred against its success. But Humphrey was brave, and so was 
Rayborn. As expected, the instant they emerged from the house a shower of balls 
greeted them. They ran for their lives. Rayborn sank, rose and fell again, to 
rise no more. His body was riddled. Humphrey, however, seemed possessed of a 
charmed life. Though his clothing was torn to shreds, his body received not a 
scratch. 
Satisfied now that there were no more men in the house, the Tolliver clan 
crowned their infamous day’s work by setting fire to it. The inmates escaped 
without even necessary clothing. The body of Rayborn was left lying where it had 
fallen until the next day, protected from mutilation by dogs and hogs by a rail 
pen which had been built around it by the heroic Martin girls. 
The excitement that prevailed in the county when the news of the cowardly attack 
upon the Martin home became known, can better be imagined than de- scribed. The 
lover of law and order was terror-stricken. The question was asked in whispers - 
"Where will it all end?" The County Judge was a well-meaning man, but utterly 
incompetent as an officer, possessing none of the qualifications for such an 
office in a county like Rowan at such a time of lawlessness and anarchy. He was 
weak and timid. Always in fear for his life, he completely lost his head. 
Warrants were at last issued upon the affidavits of the Martin girls against 
Craig Tolliver, Jeff Bowling and a number of others, charging them with murder 
and arson. An examining trial followed. At that time such trials were held 
before two justices of the peace. One was said to be a Martin sympathizer; the 
other stood accused of being under the thumb of the Tollivers. 
The court’s decision gave color to these suspicions. One of the magistrates 
decided for commitment of the prisoners to jail without bail; the other declared 
that no offense had been proven. Under the law then existing this disagreement 
of the court permitted the murderers to go free. 
The trial was a pronounced farce. Afterwards some of the parties were indicted 
by the grand jury for arson, but none was convicted and the murder charges 
against them all fell. 
Jeff Bowling, one of the most desperate of the Tolliver faction, removed from 
the county of Rowan a short time afterward, and settled in Ohio, where he 
continued his career of crime, evidently believing that there, as well as in 
Kentucky, none dared molest him. He saw his mistake too late.
It appears that his mother-in-law had married a wealthy farmer named Douglas, of 
Licking County, Ohio. It had been due to the persuasion of Douglas that Bowling 
left Kentucky and settled in or near his Ohio kinsman. Bowling had resided there 
but a short time when Douglas was found one morning in his barn - murdered. The 
finger of suspicion pointed to Bowling as the only one who had a tangible motive 
for the commission of the crime. He was promptly indicted, tried and sentenced 
to death, but the sentence was finally commuted to life imprisonment. He served 
seven years of his time and moved to Texas. 
Humphrey, after his miraculous escape from the Martin house, had become 
thoroughly convinced that it was impossible for him to longer continue in the 
office of sheriff and resigned, William Ramey being appointed and qualified in 
his stead. 
Craig Tolliver for a time absented himself from Rowan County. He turned up in 
jail at Cincinnati, imprisoned on the charge of robbery. He was tried, acquitted 
and returned to Rowan County, when trouble started anew. 
Several killings occurred in the county during the year, some of which had, how- 
ever, only remote connection with the feud. John G. Hughes was killed by a mob 
styling themselves "regulators." Wiley Tolliver, son of L.H.B. Tolliver, was 
killed about Christmas, 1885, by one Mack Bentley, during a drunken row. 
Early in 1886, the murder of Whit Pelfrey, at Elliottsville, Rowan County, came 
near precipitating another outbreak. He was stabbed and killed by Tom Goodan, 
brother of S.B. Goodan, a prominent Tolliver man and brother-in-law of Jay, Bud 
and Wiley Tolliver. Pelfrey, known as a strong Martin sympathizer, was an 
influential citizen and wealthy. Goodan was tried for this murder, but 
acquitted. 
The year 1886 brought with it an annual election at which all county officers 
were to be chosen. Each faction had its candidates in the field. It may, 
therefore, be easily imagined that neutral citizens remained in a state of 
constant anxiety and apprehension. 
Cook Humphrey and Craig Tolliver roamed through the county at the head of large 
forces, frequently entering the town of Morehead and parading the streets in 
defiance of each other. 
On July 2nd, 1886, it being County Court day, a warrant of arrest was placed in 
the hands of Sheriff Ramey for the arrest of Humphrey, who was in town that day. 
The officer went in search of and found him near the store of H.M. Logan. An 
altercation ensued between the men, both drew their pistols and began firing. 
Friends of both parties became involved and the shooting became general. When 
the fight was over it was found that the sheriff and his son and deputy, were 
both dangerously wounded, while W.O. Logan, H.M. Logan’s son, a youth hardly 
twenty years of age, was killed. 
Immediately after the fight the factions retired to their headquarters and pre- 
pared for another conflict. The County Judge was prevailed upon to demand 
troops. His request was readily granted and a detachment of State Guards, 
commanded by Major K. W. McKee of Lawrenceburg, hastened to the scene of the 
trouble. 
When July 3rd came, the citizens, women and children, trembled with fear of a 
bloody conflict. At the quarters of the factions guns and pistols were cleaned, 
oiled and loaded, cartridge belts filled - every preparation made for battle. 
Then the long-drawn notes of a bugle floated in the morning air - the astonished 
people peered through the windows and beheld in the courthouse yard a long line 
of soldiers, their guns and bayonets glistening in the morning sun. There was a 
sigh of relief - danger had passed for the moment. 
The troops remained at Morehead until some time in August. It was due to their 
presence that the election passed off without violence and bloodshed. When 
Circuit Court convened, the Commonwealth was represented by the Honorable Ahser 
C. Caruth, Commonwealth Attorney of the Jefferson Circuit Court, and afterwards 
member of Congress from the Louisville District.
As at this time practically every citizen in the county was aligned on one side 
or the other, it seemed impossible to secure juries that would try cases 
impartially and without prejudice. This state of affairs did not escape the 
attention of Mr. Caruth. The result of his investigations of affairs in Rowan 
County resulted in a nolle prosequis, qualified by certain conditions, of the 
charges against the Tollivers and Humphrey. His proceeding in this respect is 
contained in the following report to Judge Cole, presiding judge of the Circuit 
Court: 
Hon. A.E. Cole, 
Judge of the Rowan Circuit Court. 
Under your appointment I have acted as Commonwealth Attorney pro tempore at the 
special July and present August term of the Rowan Circuit Court. I have given 
the felony docket, over which alone, under the present law, I have jurisdiction, 
careful study and attention. I have also investigated as thoroughly as a 
stranger to the people of Rowan County could do in the limited time of my 
service, the causes which led to the present unhappy condition of affairs, and 
have sought to find a remedy- for the evils afflicting this people. 
I find it to be the opinion of the law-abiding citizens of all parties that the 
public peace could be best secured by the continued absence from the county of 
Rowan of the acknowledged and recognized leaders of the two rival factions - 
Craig Tolliver and Cook Humphrey. Against the former there is now pending one 
felony charge, that of false arrest and imprisonment. Against Humphrey there are 
three indictments for felony on the docket, each for conspiring, etc., to commit 
personal violence. I have the written request of each of these persons accused 
to suspend further proceedings in their cases, coupled with a promise on the 
part of each to leave the county of Rowan never to return unless, temporarily, 
to attend the funeral of some immediate relative. *** The persons charged to 
have been injured by their acts also request this disposition of the pending 
cases. It is the opinion of the members of the grand jury now in session, and of 
the vast majority of the citizens of the county, that this disposition of the 
cases will do much to restore peace and confidence to the community. After full 
consultation with the members of the bar residing here or practising here, with 
the commander of the forces now stationed at the county seat, and with citizens 
of high position and authority in the Commonwealth, and considering the 
uncertainty of the criminal trials, I am. convinced that this is the best 
available method to secure the end in view. No harm can, by this means, be done 
the State, because, should the agreement be violated, the cases can at once be 
set for trial and prosecutions made. 
The following written agreements were then signed and attested: Asher G. Caruth, 
Commonwealth’s Attorney pro tempore, 14th Judicial District: 
I request you to suspend any further proceedings in the cases now pending in the 
Rowan Circuit Court against me, and promise that I will remain away from the 
county of Rowan permanently. Should I ever return to said county I am willing 
that the cases shall be redocketed and the trials proceed. I will leave said, 
county on or before the 8th day of August, A. D. 1886. In this agreement I 
reserve the right, in the event of the death of any of my immediate relatives, 
to return to attend their burial, but I must immediately thereafter leave the 
county to permanently remain away. 
(Signed) Craig Tolliver 
Attest: D.E. Logan 
A similar agreement was prepared and signed by W.C. Humphrey, attested by G.A. 
Cassidy. 
We do not wish to criticise Mr. Caruth’s course in this matter, but it occurs to 
us, and must occur to the reader, that the practice of compromising with outlaws 
proves a weak-kneed administration of the law. It seems that a man or set of men 
may terrorize a community as pleases them, then demand of the authorities 
immunity for crimes, on certain conditions prescribed by the criminals. Mr. 
Caruth acted for the best interests of the community, as he believed. Aware that 
juries were partial or prejudiced, he realized that trials in Rowan County of 
either of the factions would result in injustice one way or another. The Grand 
Juries were corrupt and accustomed to wreak vengeance on some and whitewashing 
others. The selection of trial juries was so palpably unfair that visiting 
lawyers commented upon it and afterward testified before the legislative 
committee to that fact. Several court officers were undisguised partisans. It 
seems to us, however, that these cases might have been removed from the county 
and tried elsewhere upon a change of venue. At any rate, the compromise effected 
by Mr. Caruth proved not only unsatisfactory, but ill-advised. The success of 
his scheme was founded upon the belief that the parties to the agreement would 
adhere to the pledge to leave the county. He did not understand the character of 
Craig Tolliver. To secure his signature to an agreement that would put an enemy 
out of his way was one thing, to make him keep it, another. Tolliver remained 
absent from Morehead long enough to assure himself that the indictments against 
him were dismissed, when he promptly returned. Although the compromise was based 
upon the understanding that if either returned except under the conditions 
recited in the agreement that the indictments against the party so returning 
should be re- docketed and revived, this was never done. Tolliver was free to 
continue his career of crime. Humphrey kept his word, and never violated his 
pledge. He sold out his earthly possessions in Rowan County and bade farewell to 
his native State. 
Previous to his election as sheriff Humphrey had been a highly esteemed citizen, 
a man of exemplary character, of amiable disposition. His fatal connection with 
the feud was mainly due to his unfortunate selection of Stewart Baumgartner as 
his deputy. The latter was a citizen of Elliott County, where he had a 
reputation for violence and desperation. Pursuing the same course in Rowan, 
Humphrey’s association with him made him many enemies. Baumgartner’s connection 
with the Martin faction compromised Humphrey; thus step by step he was thrown 
into the whirlpool of trouble. The formerly quiet, inoffensive citizen grew 
dangerous and violent; the dormant, unholy passion of revenge was aroused. 
Humphrey became for the time being a character dreaded by those that opposed 
him. At the time of his participation in the feud he was yet in his twenties and 
unmarried. After leaving Kentucky he went West, never to return to his native 
heath until after the death of Craig Tolliver and his followers, and then only 
on special business. 
With Humphrey gone, the Martin faction practically disbanded. Had Tolliver 
observed the treaty stipulations as faithfully and honestly as did Humphrey, 
this chapter might end here. The writer would be spared the unpleasant task of 
continuing the record of violence, murder and anarchy. It is evident that 
Tolliver had entered into this agreement with the avowed purpose of violating 
it. He had every reason to believe that Humphrey would observe it. He out of the 
way, there stood no one to dispute Tolliver’s undisputed sway in the county, 
especially at Morehead. 
His adherents remained faithful and joined him. They did as they pleased, in 
fact had things their own way. If the authorities did not dare molest them, who 
should? A few of the citizens who had attempted a mild protest against Craig 
Tolliver’s dictatorship, were easily intimidated by keeping them in constant 
fear of death or destruction of their property. 
Saloons were opened and operated without license. Magistrates refused to issue 
warrants, knowing that such an act would forfeit their lives. Had the warrants 
been issued, no officers could have been persuaded to execute them. The 
residences and grog shops of the Tollivers resembled and were arsenals. An 
effective and favorite method of Craig Tolliver to rid himself of any, to him, 
undesirable citizens, was to send a written communication to them, setting forth 
the fact that Rowan County could dispense with their presence, and that on a 
certain day in the near future certain funerals would take place unless they 
were gone from the county. A funeral is not a pleasant function at any time, and 
the prospect of one’s own set for a definite time, has a tendency with many 
persons to try hard to avoid it, if possible. It was, therefore, not surprising 
that parties thus notified preferred absence from the county to being principals 
at funerals. A few regarded those letters as idle and meaningless threats, but 
the sincerity of the advice could no longer be doubted or questioned when 
several prophesied funerals did take place. 
To detail the circumstances of the various killings that occupied during that 
stormy period of Rowan County would prove tedious. Suffice it to say, that from 
the first Monday in August, 1884, to the 22nd of July, 1887, twenty-three men 
were killed in Rowan County. No convictions were secured for any of these 
murders. But of this later on. 
On October 20th, 1886, H.M. Logan was shot from ambush in the streets of 
Morehead, while walking from his place of business to his residence. The wound 
was, dangerous but not fatal. 
Judge Carey came in for a full share of the enemy’s hatred and vengeance. His 
hotel was frequently fired into at night by parties armed with needle guns and 
large calibre Winchesters. His house assumed the appearance of having been 
struck by a cyclone. Windows and doors had been completely shot away and the 
walls perforated in a thousand places. It required neither doors nor windows to 
admit daylight. 
The Exchange Hotel shared a similar fate. It was managed by H.C. Powers, another 
Humphrey adherent. 
This kind of argument was convincing, more forcible than words or letters. 
Powers and Carey both felt a sudden desire to remove from the atmosphere of 
Morehead, concluding that Covington, Kentucky, possessed greater allurements for 
the time being than did their home town. Both remained away from the county 
until after the bloody, final battle at Morehead in 1887. Unfortunately, we have 
no authentic account of the leave-taking between the Tollivers and Carey and 
Powers. It must have been very affectionate, since the Tollivers had exhibited 
such concern for their safety, comfort and health as to persuade them so 
urgently to remove to a happier and better land. 
Howard Logan (H.M.), too, had enough of this joke about funeral predictions. He 
could not see the point of it, and concluded that Ashland, on the banks of the 
beautiful Ohio, would be the proper place to recover from his labors and see the 
world. He also remained away until after the annihilation of the Tollivers. 
There were a number of others who seemed suddenly seized with a fever to 
emigrate. Among them were John R. Powers, James E. Clark, a prominent lawyer, 
who found a more congenial home at Unionville, Clark County, Missouri; James 
Brain, a brother-in-law of Judge Carey; .R.C. Humphrey, brother of Cook 
Humphrey; both of whom settled in Missouri. Many others "scouted" in neighboring 
counties until the return of peace. Judge Tussey, brother-in-law of the murdered 
John Martin, on the advice and persuasion of his wife, remained absent in Carter 
County and re- turned only to take part in the final drama. 
Nearly all of the parties who were thus driven from the county, were men of 
wealth and business capacity. Removals continued. The magnitude of the exodus 
may be realized by examining the figures giving the population of the county 
seat, Morehead, from 1885 until the early part of 1887. In 1885 Morehead was a 
flourishing town of more than seven hundred inhabitants. Within two years this 
figure was reduced to less than three hundred. More than half the population had 
removed. Private residences and storehouses stood empty, with windows nailed up 
or were taken possession of by the Tollivers whenever it suited their fancy. The 
Tollivers made up the population. The offices of police judge and town marshal 
were filled by Tollivers. On June 1st, 1887, Craig Tolliver had the entire town 
under absolute control. He was elected police judge without opposition. He did a 
driving business, selling whiskey, without license, of course. The law as to 
obtaining license to sell liquor applied not to him. He was above the law. He 
took possession of the Exchange Hotel, which H.C. Powers had left without a 
tenant, by right of conquest. Why should he have troubled himself with renting 
property when houses stood empty, and he was monarch of the town! The property 
of his enemies was his - the spoils of war. 
The Central Hotel was placed at the disposal of Tolliver by its owners; the 
former leased it to Bunk Mannin and his brother, Jim Mannin. These two were 
Craig Tolliver's constant associates. He had brought them from Elliott County. 
Knowing their reputation as desperadoes, he created them his body-guard. Bunk 
Mannin, bloodthirsty, brutal, but courageous, believed he could serve his 
chieftain best by capturing the office of town marshal. He set himself up as 
candidate and was elected without a whisper of opposition. As town marshal and 
hotelkeeper, he opened a saloon at the Central Hotel, operating it in the manner 
of the one run by Craig Tolliver, in violation of the law. Bud Tolliver was made 
a member of the town council. Craig Tolliver's triumph was now complete. The 
midnight carousels, the continuous discharges of Winchester rifles and pistols, 
made night hideous. Per- sons of unquestionable courage grew nervous. At this 
period the exodus of the inhabitants was greatest. 
Social functions were out of the question. Adjutant-General Hill says in his 
report to the Governor, after the final battle of July, 1887: "One night while I 
was there the young people of Morehead had a social at the home of a prominent 
citizen, and I was told that it was the first event of the kind which had 
occurred in the little town for years." 
The Tollivers controlled the court and the grand juries. A witness daring enough 
to indict them for their many offenses was certain to be indicted for some 
imaginary offense in return for his audacity. Thus during one court, shortly 
after the "shooting up" of the Carey House, two daughters of Howard Logan 
testified be- fore the grand jury and indicted one Dr. Wilson for participating 
in the riot. The same evening the grand jury returned indictments against the 
two young ladies for "false swearing."
The secrets of the grand jury leaked constantly. Every word of testimony uttered 
before it was promptly and minutely reported to the Tollivers. Mrs. Martin, who 
had been a witness against them on several charges, was indicted for sending a 
poisoned turkey to a Tolliver sympathizer. Is it a wonder that Attorney-General 
Hardin stigmatized the whole machinery of justice in the county as "rotten"? Is 
it a wonder that crime was rampant and of daily occurrence? Is it a wonder that 
out- raged manhood at last took the law in its own hand and annihilated the 
outlaws? 

Sometime in the latter part of 1886, or early part of 1887, H.M. Keeton, 
constable of Morehead precinct, was shot and killed by Bud Tolliver. Keeton, 
too, had been duly served with notice of the date of his funeral. Remaining in 
the county, he furnished the body. 
W.N. Wicher was shot and killed by John Trumbo, a Tolliver man. 
At the February term of the Rowan Circuit Court (IW7) Dr. Henry S. Logan, R.M. 
McClure, John B. and W.H. Logan and Lewis Rayborn, were indicted for conspiracy 
to murder Circuit Court Judge A.E. Cole, James H. Sallee, Common- wealth's 
Attorney, and Z.T. Young. All the parties indicted were prominent citizens and 
of such a character that those not prejudiced against, and acquainted with them, 
at once declared the charges false. The entire transaction bore the ear- marks 
of a shrewdly laid plot to rid the county of these men, who had become 
objectionable to Czar Craig Tolliver because they had dared to criticise his 
rule. The indicted parties were arrested and confined in jail, their bail having 
been placed at an exorbitant sum. They were hustled off to Lexington for 
"safekeeping." John B. and W.H. Logan gave bond and returned to their home, 
about four miles distant from Morehead. Their father remained in prison. 
When it became known that James Pelfrey was the chief witness against them, it 
seemed easy to see through the whole affair. Pelfrey's black character was 
well-known by some of the Tolliver clan, and to this unscrupulous man they had 
turned to effect their villainous conspiracy. A suitable story was concocted and 
rehearsed. With it Pelfrey appeared before the grand jury, and loaded upon his 
sin-stained soul the dastardly, black crime of perjury. After their return home 
the Logan boys lived quietly and alone, taking charge of the farm in their 
father's absence. W.H. Logan (Billy) was a consumptive, twenty-five years old, 
and almost reduced to a skeleton by the dread disease. His brother, J.B. Logan 
(Jack) was a youth of eighteen. 
On the 7th of June, 1887, a disreputable character named Hiram Cooper, who lived 
in the neighborhood of the Logan boys, came to Morehead and swore out a warrant 
against the Logan boys and their cousin, A.W. Logan, charging them with 
confederating and banding together for the purpose of murdering him (Cooper). 
This act was in pursuance of the original plot to rid the county of the family, 
which, however, had failed to some extent when the boys had succeeded in giving 
bail and were released from prison. 
Craig Tolliver, the police judge, issued the warrants. They were placed in the 
hands of his confederate, Town Marshal Bunk Mannin, who summoned a posse of ten 
men to assist him in the execution of the warrants against the two boys. Among 
these brave officers were Deputy Sheriff George Hogg, Bud Tolliver, Jay 
Tolliver, Cal Tolliver, Hiram Cooper and one Young. 
Completely ignorant of the impending danger, the boys were found at home. The 
first warning they had of the approach of the assassins, under the guise of 
officers, was the rapid firing of guns. The boys, terrified, ran upstairs, 
Mannin and Craig Tolliver rushing after them. Jack Logan seized a shotgun, and 
over the earnest pro- test of his brother, Billy, fired into the body of Mannin, 
inflicting a painful, but, unfortunately, not fatal wound. Mannin and Craig 
Tolliver retreated from the house, while the boys waited tremblingly, with bated 
breath, for developments. They saw there was no hope for them. The smell of 
burning wood and clouds of smoke told them of their peril. By order of Judge 
Tolliver the posse comitatus had built a fire on the porch intending to burn the 
house, and thus force the boys to come out. The crackling of flames, the shouts 
and cruel, derisive laughter of the brutal band out- side presented a scene such 
as we read of with horror in the stories of the Indian wars. Deputy Sheriff Hogg 
then requested permission to extinguish the flames. The other "representatives 
of the law" consenting, a parley was held. Hogg went into the house and offered 
the boys the alternative of surrender or death by fire. They naturally chose the 
former, hoping against hope that some miracle might yet ' save them, or that, 
perhaps, their appearing unarmed, might move the band with com- passion and 
mercy. However, before leaving the house, they wished assurance that their lives 
should be protected. Deputy Sheriff Hogg reported to Craig Tolliver, and that 
redoubtable officer of the Commonwealth authorized him to promise them 
protection. This assurance was then communicated to the boys, supplemented by 
the personal guaranty of Sheriff Hogg. The boys determined to leave the house. 
Billy Logan went downstairs in company of Hogg. The younger boy was yet 
reluctant to trust himself into the hands of Craig Tolliver and Bunk Mannin, the 
town marshal, but being again assured that no harm should come to him, he, too, 
followed and emerged into the yard. They were led away some fifty feet from the 
house to near a spring. There John Mannin opened fire upon the elder boy, 
shooting him in the back. This was the signal for a general fusillade by Craig 
Tolliver, Bunk Mannin and others. The boys fell dead. Not satisfied with their 
deaths, the heartless assassins, among whom Town Marshal Mannin was the most 
ferocious, trampled the prostrate forms, stamped them, and poured volley after 
volley into the dead bodies, thus mutilating them beyond recognition. 
 
They were left lying where they had fallen, a gory, shapeless mass, the glassy 
eyes upturned to the sky, in mute appeal to God to avenge this horrible 
assassination. God saw, and retribution followed close upon the heels of the 
inhuman wretches. 
Deputy Sheriff Hogg testified afterwards that he ran away as soon as the firing 
began. The murderers joined him, however, before he had reached town. On the 
brow of a hill overlooking Morehead Craig Tolliver halted the red-handed band 
and instructed them all to tell the same tale - that the boys were killed in 
resisting arrest, and that their killing had been an absolute necessity. 
On the following day D. Boone Logan, a cousin of the murdered boys, accompanied 
by H.M. (Hiram) Pigman and Ap. Perry, went to the Logan homestead, and found and 
cared for the mangled remains of his relatives. On that evening, upon their 
return home, they were warned that they would share a similar fate in the event 
they attended the funeral. 
 
Up to the time of the murder of the Logan boys neither D. Boone Logan nor Pig- 
man had taken any active part in the feudal strife, indeed they had carefully 
kept aloof from any act or speech that might in any way connect them either 
directly or indirectly with the faction. Boone Logan had attested the agreement 
signed by Craig Tolliver to remove from the county. But beyond this he had 
remained neutral. Not content, however, with foully murdering his young 
relatives, Craig Tolliver sent to Boone Logan the exasperating message that he 
must leave, that he, Tolliver, would rent his house, and hire Logan's wife out 
to make a living for her children. By threatening D.B. Logan, Craig Tolliver 
made the mistake of his life. He conjured up a storm which passed soon beyond 
his power to control. When it broke loose in all its fury on the 22nd day of 
June, and the streets of Morehead ran red with blood, the desperadoes 
experienced at last the lash of an avenging God. 
Boone Logan made futile efforts to have the murderers arrested. After several 
days had elapsed, Bunk Mannin, the town marshal, went to Logan and told him that 
he wished to have a trial, and that the Tollivers were also ready for trial. 
"But," said Mannin, "it must be understood that we attend court with our 
Winchesters." Judge Stewart was also notified by the Tollivers that they wished 
a trial, to which request Judge Stewart made answer that he "would not hold a 
bogus trial" and re- fused to try the case. 
Logan, Pigman and Ap. Perry, in danger of their lives, yet burning with 
indignation, entered into a solemn compact to effect the arrest and trial of all 
the par- ties engaged in the murder of the Logan boys. A resolution made by such 
men as Boone Logan and his friends meant something more than mere words. They, 
too, were men of action. They went to work in the preparation of their plan with 
cool- ness and circumspection. Caution was needed indeed. They first attached to 
their cause a number of men upon whom they could rely. Meetings were held at 
secret places. Boone Logan was at once chosen as the leader in the enterprise. 
In the prime of manhood, of fine physique and intelligent, he was just the man 
to place at the head of such a hazardous undertaking. Combining indomitable 
courage with prudence, sagacity and coolness, he was also a man of unflinching 
determination. Such was the man with whom the Tollivers now had to deal. 
Educated, a lawyer of prominence, and a polished, quiet gentleman, one would 
scarcely have picked him out as the man to oppose the outlaws, to attack them in 
their very stronghold and give them battle. 
Logan and Pigman avoided being seen in each other's company, yet the Tollivers 
by some means had learned of their secret meetings, and, growing suspicious, 
began hunting them high and low. To relate the many narrow escapes these two men 
had from death would fill pages. Every road was patrolled by the Tollivers, 
passing trains were searched, inquiries made everywhere, and insulting messages 
sent to Logan's family. Shrewdly he avoided any encounter, but with dogged 
determination continued his preparations. 
On the 16th day of June, Boone Logan eluded the vigilance of the Tollivers and 
succeeded in reaching Frankfort, Ky., where he asked for, and was accorded, an 
interview with Governor Knott. To him Logan related the existing conditions in 
Rowan County, the despotism exercised by Craig, Tolliver and his associates in 
crime, the horrible murder of the Logan boys, for- which no one had as yet been 
molested, and asked for troops to effect the capture of the outlaws. The 
Governor listened attentively to Mr. Logan's representations, but replied that 
he had already sent soldiers to Morehead at the cost of many thousands of 
dollars to the State, with no other result than aiding courts in committing 
travesties of justice; that under the circumstances he could not see his way 
clear to repeat his experiences with that county. He then asked Logan what 
percent of the population was actually engaged in the trouble, and on receiving 
reply, answered that the good citizens being so largely in the majority, they 
should be able to themselves put down lawlessness. Logan admitted that he could 
find a number of citizens who would be willing to aid him in arresting the 
outlaws if they could secure the necessary arms. He asked the Governor for the 
loan of a few guns from the arsenal at Frankfort, offering to give satisfactory 
security for their safe return. The Governor explained that such a course was 
unwarranted and a matter beyond his control. Logan's face turned almost livid 
for a moment. He did not blame the Governor, who acted under the law. But he 
became exasperated at the thought that a band of murderers were under the law 
permitted to remain in undisputed possession of his county, his home, while the 
Governor seemed without authority to come to the rescue of order and to maintain 
the dignity of the law. Courts had refused to do their duty; officers championed 
openly the cause of the murderers; peaceable citizens had been driven from their 
homes - anarchy reigned supreme. These thoughts filled his brain. Before his 
mind's eye appeared the mangled remains of his cousins. He feared for his wife 
and children at Morehead. His home might at this moment be reduced to ashes and 
its inmates burned or shot. The young man's eyes gleamed with a dangerous fire. 
His lips quivered while the strong heart beat almost audibly with excitement, 
indignation and utter disgust. At last he spoke, slowly, firmly, every word full 
of meaning. It was then he made his famous reply, so often repeated and 
commented upon: 
"Governor," he said, "I have but one home and but one hearth. From this I have 
been driven by these outlaws and their friends. They have foully murdered my 
kinsmen. I have not before engaged in any of their difficulties - but now I 
propose to take a hand and retake my fireside or die in the effort." Future 
events proved that these words were uttered for a purpose other than mere 
dramatic effect. The flashing eye told plainly of the passions that had been 
kindled in his heart, and the Governor could not but admire the man's just 
indignation and determination to do what the highest authorities in the State 
could not do. 
The action of Governor Knott in refusing to send troops to Rowan County has been 
criticised by those ignorant of the law and the powers of the Governor in such 
cases. The law lays down the scope of his authority. The power of the county had 
not been exhausted in bringing about, or attempting, the apprehension of the 
criminals. He had already responded with troops to protect the court only to 
find that the authorities showed the white feather; that compromises with 
criminals had been entered into; that juries and officers were corrupt, and when 
trials had occurred had proved a farce. No doubt in his heart he wished for 
Logan's success. The man had made futile attempts to live peaceably. Now he 
intended to act in self-defense. The government cannot help him - he must 
therefore help himself. A man's home, no matter how humble it may be, is sacred 
as the King's palace in the eyes of the ancient common law. To defend it from 
intrusions and attack is man's God-given right, his duty; Boone Logan set about 
to retake his fireside. 
After leaving Frankfort, Logan hastened to Cincinnati, Ohio, where he purchased 
several hundred dollars' worth of Winchester rifles, pistols, shotguns, and an 
ample supply of ammunition. These were boxed and shipped as saw-mill fixtures 
and consigned to a small station (Gate's) in Rowan County, some miles from 
Morehead. 
Immediately upon his return to Rowan County Logan summoned his friends. They 
responded with a will. Many came from the neighboring counties, except Elliott 
County, which section sympathized strongly with the Tollivers, whose relatives 
were strong there. Sheriff Hogg was placed in possession of the warrants against 
Craig Tolliver and his confederates, charging them with the recent murders of 
the Logan boys (June 7th). It was definitely and explicitly agreed upon and 
arranged that the sheriff should demand the surrender of the Tollivers, and only 
in case of their refusal to comply were the citizens to take a hand. This, 
course, was a mere matter of form. It was easy to predict to a certainty that 
the Tollivers would not obey the demand of surrender by the officers. That had 
been tried too often be- fore. Yet the Logan faction desired to exhaust all 
lawful means before resorting to bloodshed. 
Sheriff Hogg was instructed to demand the surrender and upon its refusal to re- 
treat in order to insure his personal safety, and to give the forces under Boone 
Logan an opportunity to enforce the demand. 
Thus far all went well. When the morning of June 22nd came, bright and 
beautiful, everything was in readiness for the coming struggle. 
Logan, with some of his men, was stationed near the Chesapeake & Ohio Railway 
Depot. Just across, at the business place of Vinton & Pigman, Hiram Pigman, with 
six or seven men, stood in readiness to act in concert with Logan. On the 
opposite side of the town another detachment was carefully posted in 
concealment. The Tollivers were completely surrounded. 
Strange to say, with all their vigilance, they had remained in utter ignorance 
of Logan's final preparations. Logan was despised by them. His frequent absences 
from home had been attributed to fear. Of his visit to Frankfort and his 
purchase of arms at Cincinnati they knew nothing. 
It was late in the morning of the 22nd, when an accident revealed to them their 
danger, though the knowledge came too late to enable their escape. The wife of a 
railroad man was visiting friends at Morehead. Her husband had noticed bodies of 
armed men closing in upon the town. He also knew of the large shipment of arms 
to Gate's station. Anxious for the safety of his wife, after his suspicions had 
been aroused, he telegraphed her to leave Morehead at once, that a battle was 
impending without doubt. This information was conveyed to the Tollivers, who 
immediately prepared for the attack. Thus it happened that when the battle 
commenced, Logan and his men were put upon the defensive instead of the 
offensive, as they had anticipated. 
The Logan forces awaited the appearance of the sheriff to demand the surrender 
of the Tollivers. He failed to arrive. The sheriff afterward testified that he 
had been prevented by armed men from entering the town. Be that as it may, the 
fight opened without him, and during the battle neither he nor his son 
participated. 
Logan, unaware that his plans had been betrayed to the Tollivers, attempted to 
communicate with his friend Pigman at the latter's store. He despatched a young 
man, William Bryant, with a note. To his surprise, the Tollivers suddenly 
appeared, armed to the teeth, and opened fire upon Bryant. The boy fled for life 
and escaped without a wound. 
Logan and Pigman, finding their plans discovered, and the sheriff having failed 
put in his appearance, now commenced the work they had cut out for themselves 
and their friends to perform. Firing began from every direction - every man shot 
independently, as best he could. Each part of the town became a separate 
battlefield. The non-combatants sought safety in flight or in the shelter of 
their DMES. Black clouds of smoke hung over the ill-fated town; the air was 
stifling with the smell of sulphur. The grim monster of civil war raged in all 
its fury. Well might we say with Chalmers: 
'O, the miseries of war! We recoil with horror at the destruction of a single 
individual by some deed of violence. When we see a man in the prime of health 
suddenly struck down by some deadly aim, the sight of the lifeless body haunts 
us for days and weeks, and the shock experienced, only time can wear away. 
"The scene stands before us in daytime, is the subject of our dreams, and 
spreads a gloom which time can only disperse. 
" It is painful to dwell on the distressing picture of one individual, but 
multiply it, and think of the agonies of dying men, as goaded by pain, they 
grasp the cold ground with convulsive energy, or another, faint with the loss of 
blood, his pulse ebbs low, and the gathering paleness spreads itself over his 
countenance; or, wrapping himself round in despair, he can only mark by a few 
feeble quiverings, that life still lurks and lingers in his lacerated body; or, 
lifting up a faded eye, he casts a look of imploring helplessness for that 
succor which no sympathy can yield." 
The moment the battle opened, Logan became the target for many guns from the 
concealed Tollivers. The balls fell all around him; plowed up the ground at his 
feet and hissed by his ears. Craig Tolliver and his confederates instinctively 
singled him out as their most dangerous adversary and made every effort to kill 
him. 
The details of the battle are authentically recorded in the report of Ernest 
McPherson, captain of a detachment of the Louisville Legion, to the 
Adjutant-General of Kentucky, Sam E. Hill, which report was transmitted to the 
Governor and reported to the Legislature. (See documents 1887, No. 23) 
As the Tollivers were coming back, Boone Logan commenced firing. He was at once 
deserted by the men with him, but continued the fire which was returned by the 
two Tollivers, Craig and Jay, until their Winchester rifles and pistols were 
empty. They ran from below the depot to the American House, Craig Tolliver's 
hotel, and obtaining a fresh supply of ammunition, were joined by Bud, Andy, Cal 
and Cate Tolliver, Cooper and others. All then started on the run for the 
Central Hotel. Andy was the first to reach that building by going through alleys 
and back ways. Bud Tolliver, Cooper and the rest went by way of Railroad Street, 
under constant fire from the bushes. Halting near the drug store they fired upon 
the concealed enemies and wounded one Madden. Bud Tolliver was here shot in the 
thigh. Cal and Cate, who were mere boys, assisted Bud up the lane and secreted 
him in the weeds back of Johnson's store. They then rejoined their comrades. 
Cooper presently emerged from the Central Hotel and fired upon some of the Logan 
men, but was himself shot through the breast. He retreated into the hotel and 
secreted himself in a wardrobe, upstairs, and in this place of fancied security 
was again hit by a bullet and killed. 
The Central Hotel was surrounded, a cessation of firing ordered and Logan called 
upon the Tollivers to "come out and they should not be hurt." A message of the 
same purport was delivered to the Tollivers by a woman. She returned with Cate 
Tolliver, a boy fifteen years of age, who was disarmed and allowed to go 
unmolested. The others in the house refusing to surrender, Logan resorted to the 
tactics employed by the Tollivers against his cousins and directed his men to 
fire the building. The Tollivers broke cover and started for the bushes. Before 
leaving the house Craig Tolliver coolly pulled off his boots, saying that it had 
always been prophesied he would die with his boots on, and that he intended to 
disappoint the prophets. He emerged in his stocking feet. Jay Tolliver got out 
the rear way, ran about fifty feet, was shot three times and fell dead. Craig 
and Andy broke from the hotel on the south side and were greeted with a hail of 
bullets. Andy was wounded twice, but not seriously, and under cover of the smoke 
succeeded in reaching the woods. Craig Tolliver's former good luck at last 
deserted him. He ran, firing at his enemies, down a lane which leads from the 
hotel to the railroad track. At the corner of the drug store already spoken of, 
Pigman, Apperson Perry and three others were posted. They instantly opened fire 
on Tolliver, the score or more still at the hotel, also continuing their 
fusillade upon the fleeing outlaw. Craig Tolliver ran a few steps beyond the 
corner of the store, fell, rose again and, running toward the switch, sank to 
the ground to rise no more. He was riddled with balls and buckshot. To the great 
regret of the Logan men, the man whose death they most desired, was not injured. 
This man was Bunk Mannin, the town marshal, who so brutally maltreated the dead 
bodies of the two Logan boys. 
There were undoubtedly some bad men in this fight against the Tollivers to whom 
may be ascribed some excesses which occurred on that memorable day. But they do 
not appear to have been actually connected with the Logans. One of these men 
admitted that he fired three shots into the body of Jay Tolliver after he was 
down. This same man afterwards became a willing witness for the prosecution 
against the slayers of the Tollivers. It was this band of guerillas that shot 
Cooper while secreted in the hotel, dying from a wound in the breast. After 
completing their in- human butchery, this same guerilla band sacked the American 
Hotel and committed other outrages. 
The firing was continuous for two hours, except while the Logans made proposals 
to the Tollivers to come out and surrender. Over fifteen hundred shots were 
fired. 
 
There was a general sense of relief among the inhabitants when the battle was 
over and the dreaded Tollivers were wiped out. A public meeting was held and 
largely attended. A party, styling itself the Law and Order League, took 
possession of the town and held it until the arrival of troops. 
Boone Logan had faithfully kept his word and retaken his fireside. The sinking 
sun witnessed his return to the home from which he had been banished. His 
enemies had crossed over the great divide.
For the first time in many months the town was quiet. The yells and defiant 
curses of the drunken desperadoes were heard no more. The lips that had uttered 
them were still. Peace entered Morehead once more. It has been purchased at the 
price of much blood. 
The battle of June 22nd, 1887, was the last bloody clash between the various 
factions of Rowan County. The Tollivers, deprived of their leader, gave the town 
a wide berth after this. It soon resumed its former appearance of thrift and 
prosperity. Many of those who had removed from the county, now returned and took 
possession of their abandoned property. Business houses, closed for many months, 
were reopened, the illegal saloons closed tight, and law and order have been 
reasonably well maintained in the county ever since. 
Several of the Logan men were indicted for murder, Hiram M. Pigman, who had been 
Logan's right hand man, and of whom the latter spoke as the bravest and most 
circumspect man on the field that day, was indicted jointly with Apperson Perry. 
They were tried by a jury of Fleming County and promptly acquitted. Logan was 
never tried.
"The court was held under the protection of State troops. The trial lasted for 
seven days. Pigman and Perry were shown to be men of excellent character, 
neither of them had been parties to previous killings in Rowan County. The 
evidence being concluded, the court instructed the jury. Briefly summarized, 
these instructions were ‘Convict these defendants.’ The jury, however, were 
really ‘good men and true’ and to the evident surprise of the court, and the 
chagrin of the prosecuting attorney, returned a verdict of not guilty. These 
jurymen had been summoned from the adjoining county of Fleming. Their names 
deserve the thanks of all good citizens of the Commonwealth. Obedience to the 
law and protection from the law, are reciprocal rights and duties, and this jury 
really decided that where those to whom it is delegated to administer the laws, 
and to protect the lives, liberty and property of the citizens, willfully 
disregard, or timidly refrain from discharging their duties, the citizen has the 
right to protect and defend himself." (Capt. McPherson's re port. Documents 
1887. No. 23.) 
The glaring partiality of the court and corruption of most of its officers he 
illustrates in the following language: 
"Not infrequently a witness would apply to an attorney the epithet of liar, and 
when questioned relative to some crime charged against him, a witness would de- 
fend his credibility on the ground that his questioner was guilty of offenses 
similar in character, which he would proceed to enumerate. 
"Even the court would express his opinion in words of abuse and very plainly 
exhibited his partiality or prejudice. Indeed, when the case of the Commonwealth 
against John Keeton was called for trial, and the affidavit of the defendant and 
two reputable housekeepers, asserting the belief that the presiding judge would 
not afford the defendant a fair and impartial trial was by the defendant handed 
to the judge, he remarked, after reading the instrument aloud, that he was not 
surprised; that John Keeton would swear anything; that he had sworn to so many 
lies already that it was not astonishing that he (the judge) would not give him 
a fair trial. This observation of His Honor was delivered in the presence of the 
jury selected to try John Keeton." 
Reverting to the excesses committed by the guerillas during the battle and 
after- wards, Adjutant-General Hill says: (Documents, Ky. 1887.) 
 
. "Almost every one with whom I talked, heartily approved the day's work, 
barring some excesses, which were committed, such as the killing of the two 
wounded men after the fight was over, and the disposition on the part of certain 
members of the posse to abuse their victory by manifesting some disregard of 
property rights, which conduct was bitterly lamented by the more conservative 
members of the posse, notably Boone Logan himself. The victors of the 22nd of 
June were in the main, singularly moderate and forbearing, and it is denied by 
none of the people there that they rendered a most valuable service to the 
county in overthrowing the outlaws who had so long terrorized the community." 
During Circuit Court the commanding officers of the troops noticed one of the 
sheriffs and several Tolliver sympathizers in secret consultations. So 
suspicious were their actions that they were watched. In the afternoon these 
parties disappeared from Morehead. The next afternoon they brought a box of 
Springfield rifles, calibre fifty, by train. One thousand rounds of ammunition 
accompanied the guns. Col. McKee promptly seized the arms over the vigorous 
protest of the Tolliver faction. The court had directed their shipment "for the 
purpose of securing peace and quiet and preventing a fight among citizens of 
this community. " Another order of the court declared "arms and weapons are kept 
or hidden or concealed, with the intent and purpose of being used by partisans 
of the factional war or strife now disturbing the peace, quiet and good order of 
said county of Rowan or being delivered to said partisans" etc., and directed 
the seizure of all arms. The officers complied, collecting all arms discovered 
in the possession of the Logan faction, and, of course, retaining the box of 
Springfields consigned to White, a Tolliver sympathizer. Then, strange to say, 
on August 24th, an order was issued by the Circuit Court directing the Colonel 
commanding the troops, or rather the Adjutant General, to immediately deliver to 
the sheriff the box of Springfields and ammunition to arm a posse of citizens of 
Rowan County to make an arrest, and demanding a reply in writing should the 
officer refuse to comply with this strange order. The Adjutant-General replied 
that he could not comply with the order for the reason that the arms could not 
be released except under direction from the Governor. 
The effect of obedience to this order would have been to restore the arms to the 
Tolliver faction, while retaining those of the Logan party, and to arm a posse, 
per- haps to be guided by Deputy Sheriff Hogg, with its recent infamous history 
still in mind, would scarcely have been consistent with the duty of an officer 
sent to Rowan County to preserve peace. A day or two afterwards the court 
severely censured the Governor for not permitting His Honor to arm such 
sheriff's posse as he might select. Before departure from Rowan the officer 
commanding restored the guns and pistols taken from private individuals during 
the term of court. 
The box of Springfield rifles was retained and loaded upon the cars for shipment 
to Frankfort. The Tollivers were incensed. Deputy Sheriff Hogg and Andy White 
sauntered through town breathing threats and dire vengeance if the guns were not 
left behind. The soldiers loading them, however, were not disturbed, and the 
guns were deposited in the arsenal at Frankfort. 
The presiding Circuit judge was soon afterwards, the following January, brought 
before the Legislature on impeachment proceedings. During the long-drawn-out 
investigation many witnesses were examined, whose testimony fills an entire 
volume. The result of the investigation was censure, a quasi whitewash, and a 
recommendation to abolish the county and attach it to another. But this would 
have meant nothing more nor less than to saddle upon innocent people the 
settlement of a controversy. To have transferred the county to another district 
would have resulted in involving other sections hitherto not affected by the 
trouble. To have abolished the county would have been an open acknowledgment of 
the weakness of the State to execute its laws and to cope with crime. It was 
this confidence of the lawbreakers that their crimes would never be punished, 
and the belief of many good citizens that the machinery of the law was set in 
motion only in the interests of certain parties, that was responsible for the 
long-continued, shameful disorders in Rowan County. 
The End 

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